Loxahatchee Boating Accident
When boat operators fail to exercise caution on the water, they put themselves and everyone around them at risk of serious injuries and even death. Common examples of boating negligence include:
- Operating a vessel while under the influence of drugs or alcohol;
- Speeding in a congested waterway or marina;
- Failing to outfit the vessel with sufficient safety gear;
- Ignoring federal or state boating laws; and
- Operating a vessel without undergoing sufficient training first.
If you or someone you love was hurt in a boating accident caused by another party’s recklessness, your family may be entitled to compensation for the resulting damages. To determine if you have grounds for a claim, contact Donaldson & Weston.
Each of our personal injury lawyers is paid through contingency fee contracts, which means you’ve got nothing to lose by reaching out to discuss your claim. Call 561-299-3999 to schedule a free case evaluation with a boating accident attorney in Loxahatchee.Essential Elements to Prove in a Boating Accident Claim
Filing a successful boating accident claim requires a considerable amount of time, effort, and resources. To recover compensation, you must be able to prove three critical elements, and if you are unable to do so, the insurance adjuster will most likely dispute your claim. Those three elements are:
- A Duty of Care: The duty of care in boating accident claims is usually “implied” because everyone on the water owes a duty of care to those around them. In other words, boaters have an obligation to follow state and federal laws, avoid operating while impaired, and stock their vessels with adequate safety gear. Likewise, the companies that design and manufacture boat parts have a duty to produce parts that are free of defects, and companies that rent out boats are obligated to maintain them to a reasonable standard.
- A Breach of Duty: After establishing that the liable party owed a duty of care, the claimant must demonstrate how the duty of care was breached. Evidence to prove a breach of duty might include video footage, eyewitness testimony, the results of any chemical tests, the vessel itself, information from the voyage data recorder, and statements from maritime experts.
- Injury or Loss: Proving the defendant was somehow negligent is not enough to recover a settlement. After demonstrating a breach of duty, you must prove that you sustained an injury or loss as a direct result. Potentially recoverable damages in boating accident claims include medical expenses, lost wages, home care, domestic help, pain and suffering, scarring and disfigurement, mental anguish, and emotional distress.
If you were hurt in a boating accident through no fault of your own, turn to Donaldson & Weston to discuss your case. We have helped hundreds of clients recover the compensation they needed to put their lives back together. Call 561-299-3999 or fill out our Contact Form to schedule a free consultation with one of our compassionate personal injury attorneys in Loxahatchee.